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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Paid Parental Leave Amendment (Work
Test) Bill 2019
No. , 2019
(Social Services)
A Bill for an Act to amend the Paid Parental Leave
Act 2010, and for related purposes
No. , 2019
Paid Parental Leave Amendment (Work Test) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Paid Parental Leave Act 2010
3
No. , 2019
Paid Parental Leave Amendment (Work Test) Bill 2019
1
A Bill for an Act to amend the Paid Parental Leave
1
Act 2010, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Paid Parental Leave Amendment (Work Test) Act
5
2019.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Paid Parental Leave Amendment (Work Test) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 January 2020.
1 January 2020
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2019
Paid Parental Leave Amendment (Work Test) Bill 2019
3
Schedule 1--Amendments
1
2
Paid Parental Leave Act 2010
3
1 Section 6
4
Insert:
5
claimant's work cessation day: see paragraph 33(2A)(c).
6
2 Subsections 33(1) and (2)
7
Repeal the subsections, substitute:
8
Primary claimant's work test period
9
(1) The work test period for the primary claimant is the 392 days
10
immediately before:
11
(a) if:
12
(i) subsection (2A) applies in relation to the primary
13
claimant; and
14
(ii) the primary claimant would not satisfy the work test if
15
the claimant's work test period were the work test
16
period under paragraph (b) or (c) of this subsection;
17
the claimant's work cessation day; or
18
(b) if:
19
(i) the child of the primary claimant is born after the
20
expected date of birth of the child; and
21
(ii) the primary claimant would not satisfy the work test if
22
the claimant's work test period were the work test
23
period under paragraph (c) of this subsection;
24
the expected date of birth of the child; or
25
(c) otherwise--the day the child is born.
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(2) However, for the purposes of making an initial eligibility
27
determination on a primary claim, the work test period for the
28
primary claimant is the 392 days immediately before:
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(a) if:
30
(i) subsection (2A) applies in relation to the primary
31
claimant; and
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Schedule 1 Amendments
4
Paid Parental Leave Amendment (Work Test) Bill 2019
No. , 2019
(ii) the primary claimant would not satisfy the work test if
1
the claimant's work test period were the work test
2
period under paragraph (b) of this subsection;
3
the claimant's work cessation day; or
4
(b) otherwise--the expected date of birth of the child.
5
(2A) This subsection applies in relation to a primary claimant if:
6
(a) the primary claimant is pregnant with the child or is the birth
7
mother of the child; and
8
(b) the primary claimant is performing or performed paid work
9
of a particular kind before the birth of the child; and
10
(c) the primary claimant will cease or ceased performing that
11
kind of work on a particular day (the claimant's work
12
cessation day) because of hazards connected with that kind
13
of work that pose or posed a risk to the pregnancy; and
14
(d) any conditions prescribed by the PPL rules are satisfied.
15
3 Subsection 36(2)
16
Omit "56", substitute "84".
17
4 Paragraph 36(3)(c)
18
Omit "56", substitute "84".
19
5 Application of amendments
20
The amendments made by this Schedule apply in relation to a claim for
21
parental leave pay for a child who:
22
(a) if the child is an adopted child--becomes entrusted to the
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care of a person (as mentioned in subsection 275(2) of the
24
Paid Parental Leave Act 2010) on or after the
25
commencement of this item; or
26
(b) otherwise--is born on or after the commencement of this
27
item.
28